All users, both registered and not registered (“User”), must carefully read the following Terms of Service (TOS), before utilizing any mobi101 services.
1. ACCEPTANCE OF TERMS
Welcome to mobi101!
mobi101 provides its range of services to its users, subject to the following Terms of Service (“TOS”), which may be updated periodically. You can always consult the updated TOS, at http://www.mobi101.com/tos.asp. Hereafter mobi101 will be indicated as one of the Parties stipulating the agreement with the user.
2. SERVICE DESCRIPTION
Welcome to the mobi101! We are focused on Mobile Content and Services (“Service”). mobi101 is a website where users can share files for mobile devices -- including pictures, ringtones, wallpapers, logos, as well as the most appropriate software for each users’ mobile phones.
It is very important that the e-mail address provided during the registration process is correct, as the instructions for the validation and activation of the account will be sent to this address.
Currently, mobi101 provides its Users a web-based online WAP-LOCKER, dedicated to storing, publishing and sharing material and personal content for Cell Phones (ie software, pictures, games, utilities, logos, ringtones, images and audio executable files). mobi101 Users may save, share and distribute their personal files over the Web, via WAP, and to virtually any Cell Phone in the World. Users enjoy the use of a private area to save their material. User content can be kept private or can be made available to the entire mobi101 community, depending on the wishes of the posting User.
mobi101 DOES NOT sell content, but rather provides a service to transfer the personal content supplied by the Users from the web to mobile devices. mobi101 does not operate any control over the files uploaded by the Users, and therefore cannot be held responsible for the type of content which can be found on its platform.
mobi101 does not assume any implicit or explicit responsibility for the content stored and published by the Users in any area of mobi101. Declarations and opinions expressed by the users do not necessarily represent mobi101 opinions, as mobi101 does not approve, select, certify or control the content of the files. Moreover, mobi101 is not responsible for the receipt or for the quality of any good or service sold or advertised on mobi101. If someone believes that a file published by a user infringes any Law, he\she is kindly requested to contact mobi101 at the email address: email@example.com.
3. OBLIGATIONS RELATING TO REGISTRATION AND CHILD PROTECTION
In order to utilize the Service, the User must agree to:
a) provide correct personal information during the registration process, ensuring that all information is current, complete, and true (in particular, the email address, which is necessary to activate the service)
b) maintain and update their registration data, in order to keep them current, complete and true
c) represent that he\she is of legal age to form a binding contract and is not a person barred from receiving services under the laws of the European Union or other applicable jurisdiction. mobi101 is concerned about the safety and privacy of all its users, particularly children. For this reason,users must be at least 14 years old to utilize the service.
mobi101 declares that:
1.The Registration Data provided by Users are collected for: (i) correctly delivering the Service, according to the TOS; (ii) advertising, promotion, and direct marketing purposes of mobi101. By Registering to the Service, The User accepts that, from time to time, mobi101 and its Partners may utilise User's email and cell phone number for advertising and marketing purposes. Each email communication from mobi101 will always give the user the possibility to unsubscribe from the Service.
2. With the same purposes as stated above, some data may be communicated by mobi101 to other entities belonging to 3rd parties, in order to perform activities instrumental to the maintenance, development, distribution, and improvement of the Service. For organizational purposes relating to centralized operations and Service Provision, and due to the International scope of mobi101, some personal data of Users may be transferred, even temporarily, to different countries of the AE and the USA.
mobi101 recognizes specific rights of its User, including the possibility (i) to request records indicating whether or not mobi101 retains the User’s personal data (ii) to track the origin of the User’s record, and of the logic and objectives for retaining such data; (iii) to effect the updating, correction, integration and eventual cancellation of the User’s data, wherever possible; (iv) to oppose the use of personal data for marketing and sales purposes. In order to exercise these specific rights, the User may directly contact the person responsible for the Privacy and Database, at firstname.lastname@example.org.
5. ACCOUNT AND PASSWORD
Upon completion of the Registration Process, the User obtains a private account (USERNAME) and a PASSWORD, for which the User is solely responsible. The User must be aware that, in order to regulate access to the Service, his/her authentication depends on the verification of the correct USERNAME and PASSWORD.
6. USER CONDUCT
The User has the sole responsibility for any content uploaded, published, or in any other way transmitted or distributed through the Service. mobi101 does not control the content posted or uploaded to its servers by the Users and, as such, does not guarantee the integrity, the correctness, or quality of such content. Under no circumstances will mobi101 be liable in any way for any content made available through the Service.
The User agrees not to use the Service to:
a) Upload, publish, or make available in any other way Content that is unlawful or prohibited;
b) Harm people under the age of 18 in any way;
c) Upload, publish, or make available in any other way Content that the User does not have the right to distribute;
d) Upload, publish, or make available in any other way Content which infringes any Patent, Law, Trade Secrets, Copyright or other Proprietary Rights;
e) Disturb or interfere with the Service, the servers or the networks connected to the Service;
f) Violate any Local or International Law or applicable regulations;
g) Collect and store other Users’ personal data without their explicit permission;
mobi101 does not filter Content in advance. Nonetheless, mobi101 and other entities designated by mobi101 reserve the sole right –without assuming any obligation- to refuse or remove any Content accessible through the Service. The User is the sole responsible for the material posted in any area of mobi101. The publication and posting of the following types of Content is strictly prohibited:
• Material not suitable for people under the age of 18 (except in the expressly designated “Adult areas”);
• Content which infringes Any Local or International Copyright law, in particular Pirate Software (WAREZ, CRACK), musical files, Software and games, images and text covered by Copyright laws;
• Content which can offend or harm other people, including expression of hatred, racism, or the discrimination against groups of people, or threatening or insulting;
• Content promoting or providing information for the promotion of illegal activities, or potentially harmful to 3rd parties;
• Paid advertising or sponsorship;
• Content or activities infringing any Local or International Laws.
The User recognizes and accepts mobi101’s right to save Content and disclose it to 3rd parties, in order to:
a) provide an efficient service;
b) manage the User’s account consistently with mobi101 operational procedures;
c) comply with legal requests because mobi101 believes, in good faith, that it is necessary to: (i) fulfill legal obligations; (ii) defend from 3rd party accusations relating to the infringement of Copyright laws; (iii) to protect mobi101 and its Users’ rights, property and security.
By uploading files on mobi101, the User agrees to respect all the rules of the TOS. mobi101 reserves the right to decide what the user can and cannot do with the Service. mobi101 reserves the right to remove any User’s file at any moment, and to cancel any subscription without prior notice. It is the sole responsibility of the User to keep a copy of the Content uploaded on mobi101. mobi101 does not assume any responsibility in case of partial or total loss of the User’s material.
Although mobi101 is not obliged to pre-screen and screen the files uploaded by Users, mobi101 reserves the right to access any account and any file, without prior notice, in order to verify the Users’ compliance with the TOS.
Personal data provided to mobi101 remain the User’s property. The User allows mobi101 to use this information for operational and marketing purposes. This information will never be sold or ceded to 3rd parties, unless specifically requested by Law, or unless explicitly agreed to by the User.
The use of this Service is entirely at the User’s risk. Services are provided without any implicit or explicit guarantees. In no way is mobi101 responsible for eventual damages deriving from the inaccessibility to personal information, from the loss or alteration of stored materials by other Users, or by any other event, including service interruption. The TOS and the relationship between mobi101 and its Users will be governed by European and Italian laws.
7. PUBLIC CONTENT
The User agrees that all Content he/she publishes to the Public areas of mobi101 are provided for a free, perpetual, irrevocable, non-exclusive, and freely sub-licensable license to use, reproduce, modify, adapt, publish, translate, to create derived works, distribute, and visualize (partially or wholly) in the whole World and/or to incorporate this Content in any form, media or technology currently known or to be developed in the future .
In the event of legal action brought on by third parties in relation to Content submitted, posted, published or otherwise made available through the Service, and/or in relation to any Users’ conduct, and/or in relation to the User’s violation of the TOS, and/or of the User’s violation of the rights of others, the User agrees to indemnify mobi101, and its affiliates, partners, owners, officers, agents, and employees from all claims and demands (including legal fees).
9. NO RESALE OR COMMERCIAL USE OF SERVICE
The User agrees not to reproduce, copy, duplicate, sell, resell or in any way use for commercial purposes any part of the Service, including access to the Service.
10. GENERAL RULES REGARDING SERVICE USE
The User agrees that mobi101 may establish rules and general limits regarding the use of the Service, including the maximum amount of disk space the can be used by each user, the number of times the User can access the Service per Unit of time, the number and size of the content which can be uploaded or downloaded, the duration of each session. The user agrees that mobi101 cannot be held responsible for the loss of data, or content uploaded by the user.
11. SERVICE MODIFICATION
mobi101 reserve the sole and exclusive right to modify at any moment, even without notice, temporarily or permanently, the Service. The User agrees that mobi101 cannot be held responsible for any of the modifications, suspensions or cancelling of the Service.
12. USERNAME AND PASSWORD
The User acknowledges and accepts that mobi101 may, at its sole discretion, disactivate the User’s password or\and account, or suspend the access to the Service. Moreover, mobi101 has the right to remove or cancel any of the Users’ content, without notice and without being obliged to explain.
13. mobi101’s PROPRIETARY RIGHTS
The User acknowledges and agrees that all Software utilized in connection with the Service (“Software”) are protected by the Intellectual Property Laws. mobi101 grants the User a personal license, non transferable and non exclusive for the use of the Software on a single Computer. The User shall not copy, modify, create derivative works, and in any way try to discover the Source codes of the Software, sell, sub-license, or transfer to 3rd parties any right on the Software.
14. mobi101’S DISCLAIMER OF WARRANTIES
The User declares expressly that:
a) The utilization of the Service is at his\her sole discretion. The Service is provided “AS iS” and “AS AVAILABLE”. Therefore mobi101 cannot be held responsible in relation to the fruition and availability of the Service. mobi101 expressly disclaims all warranties of any kind.
b) mobi101 does not warrant that: (i) the service will satisfy the User’s needs, (ii) the Service will be provided without interruptions, or without errors, (iii) the quality of services purchased through the Service will satisfy the User’s expectations
c)Any file downloaded or obtained through the Service is obtained at the sole discretion of the User, and the User is the sole responsible for any harm produced, directly or indirectly, by the content on the Computer or the mobile phone.
d) No advise, suggestion, help, written or verbally, provided by mobi101 to the user, shall imply any warranty from mobi101.
15. LIMITATIONS OF LIABILITY
mobi101 services are provided without any implicit or explicit warranty. mobi101 cannot be held responsible of any harm coming from the inability to access or use the service, or the loss of the files uploaded by the users. It is responsibility of the Users to keep a copy of the Content uploaded on mobi101. mobi101 declines any responsibility for any harm coming from the inability to access the Service, viruses, damaged files, errors, interruption of the Service, network problems, non authorized access, modification of data. mobi101 reserves the right to modify the Service at any time, even without notice.
All communications between the Parties shall happen in written form both via Electronic email or Postal services.
17. COPYRIGHT AND INTELLECTUAL PROPERTY
mobi101 cares and protects Intellectual Property Rights and requests its Users to do the same. If you believe that one of you works has been copied in a way that infringes copyright Laws, within the Service, please report it to mobi101: email@example.com, providing the following information:
1. Detailed description of the work protected by Copyright law which you believe being violated, also describing of the origin of the right itself;
2. Indicate where, in the platform, you have found the violation
3. you name, address, phone number, and email address
4. a declaration in which you state, in good faith, that the use of the Content is not authorized by the Copyright owner, or any of its licensees, or the Law
5. a declaration stating that the information you provide are true and that you are the legitimate copyright owner or you are legitimately acting on behalf of the owner.
18. APPLICABLE LAW AND FORUM
These TOS shall be governed by the Law of EC. The User and mobi101 agree to submit to the jurisdiction of the Court.
Please report any violations to these TOS to our Help and Support Group: firstname.lastname@example.org
User acknowledges to have read, understood, and approved the TOS and in particular: Art. 1 (possibility of modification of TOS); Art. 4.3 (possible transfer of personal data in other Countries); Art. 8 (Indemnity clause); Art. 11,12 (Modifications and interruption of the Service); Art. 14 (mobi101’s disclaimer of warranties); Art. 15 (Limitation of liability); Art. 18 (Applicable Law and competent Court).